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Mr. President:

Everyone is convinced of the necessity of securing as much autonomy in the government of provinces, chartered cities, and municipalities of these Islands as may be consistent with the welfare and security of the entire nation. The present system ol local governments has received universal criticism on account of the absence of an adequate measure of autonomy. The provinces and the municipalities alike are almost completely dependent upon the central goverment.

Besides electing their own officials, they have very little control over their own local affairs. Their sources of income are extremely limited. Their powers of taxation, supposed to be based upon a broad and general grant, are very meager, being subject to numerous exceptions in the statute on the subject. Under the present organic laws of the Philippines, the central goverment is everything and the local governments nothing more than administrative units.

President McKinley, in issuing his famous instructions to the Second Philippine Commission on April 3, 1900, charged the Commission "to devote their attention in the first instance to the establishment of municipal governments in which the natives of the Islands, both in the cities and rural communities, shall be afforded the opportunity to manage their own affairs to the fullest extent they are capable of subject to the least degree of supervision and control. A careful study of their capacities and an observation of the workings of native control show them to be consistent with the maintenance of law, order, and loyalty." In all honesty, we must confess that we have departed far from this standard of local autonomy set forth upon the inception of American rule in these Islands.

It is most strange that with the increase of the participation of the Filipinos in the management of our central government, there has been a noticeable decrease of independence granted to our local government. The distinguished French political writer, Mr. De Tocqueville, in his book Democracy in America, after contrasting the absence of local autonomy in France and the predominance of local autonomy in the United States, says: "Local assemblies of citizenships constitute the strength of free nations. Township meetings are to liberty what primary achools are to science; they bring it within, the people's reach; they teach men how to use and how to enjoy it. A nation may establish a system of free governments but without the spirit of municipal institutions, they cannot have the spirit of liberty."

The draft herewith submitted by the Committee on Provincial and Municipal Governments has been prepared with a view to obtaining an adequate measure of local autonomy for the provinces, chartered cities, and municipalities consistent with the safet" and welfare of the whole nation. The Committee feels that a more general statement in the Constitution providing for a broad guarantee of local self government will be of no practical value. It might only result as an empty expression of a wish which will become futile and ineffective with the passage of the years. For these reasons the Committee has included in their draft definite provisions giving a surer and stronger protection to local autonomy than a mere general statement.

These provisions refer to the power of provinces and municipalities to elect their own officers; to create their own sources of revenue; to levy taxes subject to limitations provided by law; to have a just share of the proceeds of internal revenues taxes levied by the central government, such share to be determined by law regarding the disposition and use of their funds; 10 give their consent to the designation of appointive officers by the central government to perform functions connected with the government and administration of a province; and to have control over the police forces, thereby preventing any unnecessary intervention which often proves irksome to local authorities.

Needless to say that the provinces and municipalities are not made completely independent of the central govern, ment. To do so would have been inadvisable, unwise, and not conducive to the general interest of the entire nation. The measure of local autonomy provided by this draft refers primarily to the affairs of the provinces and the municipalities which are local, and not national, in their nature. A much larger degree of discretion in the organization of chartered cities is left to the legislature or the central government. The Committee feels that every community to be organized into a city has its own peculiar needs and conditions; therefore, it would be unwise to dictate beforehand what organization each chartered city must have. It is believed that the Legislature will be the best judge with respect to this matter.

The Committee on Provinces and Municipalities has considered it necessary to depart from the present general scheme of municipal and provincial governments. The broad outlines of the existing local organizations are left intact. Outside of the subjects stated above which are deemed essential to the real existence of local autonomy, the details of provincial, city and municipal governments are left entirely to the judgment of the Legislature.



The Honorable President
Constitutional Convention
Manila.


SECTION 1. The political subdivisions of the Philippine Islands shall be the provinces, chartered cities, and municipalities, each of which shall be a body politic and corporate with such autonomous powers as may be necessary for local government.

SECTION 2. Every province shall be governed by a governor, a vice-governor, and a provincial assembly to be composed of the governor as its presiding officer, the vice-governor as ex officio member, and such other members, not less than three, as may be determined by law. They shall he elected by the qualified electors of the province and shall hold office for a term of four years.

SECTION 3. Every municipality shall be governed by a mayor, a vice-mayor, and a municipal council to be composed of the mayor as chairman, the vice-mayor as ex officio member and such other members as may be provided by law. They shall be elected by the qualified electors of the municipality and shall hold office for a term of four years.

SECTION 4. The government of chartered cities shall be determined by special legislation.

SECTION 5. All controversies with respect to boundaries between provinces, municipalities, and chartered cities shall be determined by competent courts.

SECTION 6. Provinces, chartered cities and municipalities shall have the power to create their own sources of revenues as well as to levy taxes, subject to such limitations as may be provided for by law; and they shall be entitled to a just and equitable share of the proceeds of all internal revenues levied by the central government. They shall have control over the use and disposition of all public funds held or received by them in any manner.

SECTION 7. The designation by the central government of any appointive officer to perform functions properly pertaining to the administration of the financial or other affairs of a provincial government, except in the case of officers directly connected with the judicial administration, shall not become effective until after the provincial assembly concerned shall have given its consent thereto in the manner provided for by law.

SECTION 8. Except in cases of invasion, rebellion, insurrection, or serious public disorder which in the judgment of the provincial governor is beyond his power, the other local police forces of the Philippine Islands shall not be used to intervene in the government and administration of any province or municipality without the previous request of the provincial assembly.

SECTION 9. No law shall hereafter be enacted with respect to local governments which may in any manner diminish the autonomy guaranteed by this Constitution to provinces, chartered cities, and municipalities: Provided, however, that any further grant of local autonomy shall be compatible with the prosperity, welfare, and safety of the nation.